15 Feb 2021
KAIMAI PROPERTIES LIMITED v QUEEN ELIZABETH THE SECOND NATIONAL TRUST [2021] NZCA 10
- Citation
- [2021] NZCA 10
- Court
- Court of Appeal
Clause 4.1 imposes a duty to inform and consult but does not confer on the owner a power to consent to third party works that would circumvent the substantive prohibitions and control reserved to the Trust by clauses 2.1–2.3 and schedule 3; the covenant text is clear on its face, admissible extrinsic evidence does not establish a contrary common or unilateral intention, and rectification is not warranted on the facts.